The Supreme Court of Pakistan has ruled in favour of restoring the Army Act to its original form, allowing the military trial of civilians, overturning an earlier decision that had declared such trials unconstitutional.
In a significant ruling on Monday, a seven-member larger bench of the Supreme Court, headed by Justice Aminuddin Khan, delivered its verdict in a 5-2 majority. The court accepted the intra-court appeals filed by the Shuhada Foundation and others, reinstating key provisions of the Pakistan Army Act that enable military courts to try civilians under specific conditions.
The decision revives clauses 2(1)(d)(i), 2(1)(d)(ii), and 59(4) of the Army Act, which pertain to extending military court jurisdiction to civilians in cases involving offenses against military installations and personnel.
The bench comprised Justice Aminuddin Khan, Justice Muhammad Ali Mazhar, Justice Shahid Bilal Hassan, Justice Mussarat Hilali, and Justice Hasan Azhar Rizvi, who supported the majority decision. However, Justice Jamal Khan Mandokhail and Justice Syed Muhammad Naeem Afghan dissented and wrote separate notes.
While restoring the jurisdiction of military courts, the apex court also directed the federal government to introduce legal reforms within 45 days to provide a right of appeal against decisions by military courts. The proposed amendments would allow appeals to be heard in the High Court, adding a layer of judicial oversight to the process.
This ruling comes in the wake of the widespread violence that erupted across Pakistan on May 9, 2023, following the arrest of former Prime Minister Imran Khan in the Al-Qadir Trust case. In the aftermath, several civilians were arrested for attacking military and government installations.
According to reports from Aaj News, the Lahore office of the Pakistan Muslim League-Nawaz (PML-N) was torched, the residence of the Lahore corps commander—Jinnah House—was attacked, and the gate of GHQ in Rawalpindi was stormed. The unrest resulted in at least eight deaths, 290 injuries, and over 1,900 arrests, including key leaders and activists of Pakistan Tehreek-e-Insaf (PTI).
In December 2024, a seven-member constitutional bench began hearing petitions against the trial of civilians in military courts. The Supreme Court had initially halted the trials, but later allowed conditional verdicts. Subsequently, military courts sentenced 20 individuals on December 21, 2024, and another 60—including Imran Khan’s nephew Hassaan Niazi—on December 26, 2024, to ten years in prison each.
This latest verdict is expected to reignite debates on civil liberties, constitutional jurisdiction, and the role of military courts in Pakistan’s justice system. While proponents argue the need for strong legal measures in cases involving national security, critics warn of potential human rights violations and the erosion of civilian judicial authority.
